Fahey v. Hynes

44 N.Y. 680
New York Court of Appeals·Decided March 23, 1978·Published

Opinion

Motion by respondent to dismiss the appeal herein granted to the extent that the appeal is transferred to the Appellate Division, Fourth Department. A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3, subd b, par [2]; § 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York, 33 NY2d 938).

Motion for a stay dismissed as academic.

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Fahey v. Hynes, 44 N.Y. 680 (N.Y. 1978).

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Related

Bartsch v. State
309 N.E.2d 129 (New York Court of Appeals, 1974)